WSP01433

• File Number: 8407.400
• Description: Platte River Basin - River Basin General Publications - Nebraska
• State: NE
• Basin: South Platte
• Water Division: 1
• Date: 3/1/1983
• Author: Nebraska Natural Res
• Title: Policy Issue Study on Selected Water Rights Issues - Riparian Rights
• Water Supply Pro - Doc Type: Report/Study

mize the economic value of the registration
process, however, a comprehensive registration
system should be used so that no dormant, non-
forfeited claims would remain. Only rights
subject to registration, however, could be con-
stitutionally forfeited by non-registration. There-
fore, if instream claims or dormant rights are not
subject to a registration requirement, they will
not be cut off. Consequently, alternatives 2c and
2e clearly are superior to alternatives 2d, 2f, and
2g from an economic perspective since they
would result in a comprehensive system of regis-
tration. Similarly, alternatives 2h and 2i should be
rejected unless it is determined that the value of
the information collected is less than cost of
obtaining the information. Registration of stock-
watering claims in particular, however, appears
economically desirable since such claims can
have large impacts on other water users. Finally,
with respect to riparian land, little reason exists
to expand the registration process to include
land not legally riparian. The legal definition of
riparian land in Nebraska is well settled and the
definition poses no constitutional problems.
Consequently, alternative 2a is favored over
alternative 2b.

Alternative #3: Legislatively require
registration and adjudication of
riparian water right claims with
the Nebraska Department of
Water Resources, establishing
that any other riparian water uses
are not legally sanctioned, and
making failure to register a for-
feiture of any water right claim.

Sub-alternative 3a: Authorize registration
and adjudication of riparian claims related
to land which is legally riparian.

Sub-alternative 3b: Authorize registration
and adjudication of riparian claims related
to land which is physically riparian.

Sub-alternative 3c: Authorize registration
and adjudication of riparian claims for any
beneficial purpose.

Sub-alternative 3d: Authorize registration
and adjudication of riparian claims for
domestic, agricultural and manufacturing
purposes only.

Sub-alternative 3e: Authorize registration
and adjudication of riparian claims whether
or not water has actually been used in the
past.

4-6

Sub-alternative 3f: Authorize registration and
adjudication of riparian claims only where
water use has been made within the last 5
years or where works are under construct-
ion.

Sub-alternative 39: Authorize registration
and adjudication of riparian claims only
where water has been diverted and used
within the last 5 years or where works are
under construction.
Sub-alternative 3h: In adjudicating riparian
claims, legislatively establish that the pri-
ority date of the riparian claim is the earlier
of the date of initial beneficial use or the
date the riparian claim was filed with the
Nebraska Department of Water Resources.

Sub-alternative 3i: In adjudicating riparian
claims, legislatively establish that the prior-
ity date of the riparian claim is the date the
riparian land was severed from the public
domain.

Sub-alternative 3j: Legislatively exempt in-
dividual domestic and stockwatering uses
up to the normal dryland grazing capacity of
the land from riparian right registration and
adjudication requirements.

Sub-alternative 3k: Legislatively give ripar-
ians using water for individual domestic and
stockwatering purposes up to the normal
dryland grazing capacity of the land the
option to register and adjudicate their
riparian claim.

Sub-alternative 31: Legislatively require
registration and adjudication only of riparian
claims.

Sub-alternative 3m: Legislatively require
registration, adjudication, and integration of
riparian claims into the appropriative
system.

Description.

Implementing Alternative #3 would require
riparian claims to be registered yvith and adjudi-
cated by the DWR. The implications of registering
riparian claims have been discussed relative to
Alternative #2. Adjudicating riparian claims
would mean that the DWR would be required to
hold hearings in the river basins in which riparian
claims were filed. At these hearings the DWR
would receive testimony regarding the claim and
then determine whether a valid riparian claim
existed. The DWR could determine the purpose